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  • P Eleftheriadis, ' The Status of European Union law following Withdrawal from the EU' in Michael Humphries (ed), National Infrastructure Planning Handbook, 4th ed. (forthcoming, London: Bloomsbury Professional, 2022) (Bloomsbury Professional 2022) (forthcoming)
  • N. W. Barber, 'Accommodation and Resolution in the Good Constitution' in Vicki Jackson and Yasmin Dawood (eds), Constitutionalism and a Right to Effective Government (Cambridge Univeristy Press 2022)
  • J Dammann and H Eidenmüller, 'Codetermination and the Democratic State' (2022) University of Illinois Law Review (forthcoming)
    Two prominent progressive senators, Bernie Sanders and Elizabeth Warren, have recently proposed that employees should be allowed to elect 40 to 45 percent of the directors of large corporations. If implemented, such a reform would bring U.S. corporate law substantially closer to European countries like Denmark, Germany, and Sweden, where worker codetermination has long been a central feature of corporate governance. An extensive body of theoretical and empirical scholarship analyzes codetermination’s economic impact on corporations and their employees. This Article focuses on a different issue. It examines codetermination’s potential for protecting our democracy against the dangers inherent in the accumulation of extreme wealth and power by private corporations. Concentrated corporate wealth creates the risk that corporations will use their resources to undermine democratic institutions. This Article argues that codetermination can mitigate this risk by splitting corporate voting rights between shareholders and employees, thereby playing a role that is broadly similar to that of the Constitutional separation of powers.
  • P Eleftheriadis, 'Cosmopolitanism' in Catherine Valcke, Jan Smits and Jaakko Husa (eds), Elgar Encyclopedia of Comparative Law (Edward Elgar 2022) (forthcoming)
  • N. W. Barber, 'Entrenchment' in R Bellamy and J King (eds), The Cambridge Handbook of Constitutional Theory (Cambridge University Press 2022) (forthcoming)
  • R Ekins, 'Joint action, intended meaning and (statutory) interpretation' (2022) 23 Journal of Contemporary Legal Issues (forthcoming)
  • P P Craig, 'Judicial Review, Methodology and Reform' [2022] Public Law 19
  • R Ekins, 'Legislatures' in R Bellamy and J King (eds), The Cambridge Handbook of Constitutional Theory (Cambridge University Press 2022) (forthcoming)
  • P Davies, 'Related Party Transactions on the London Stock Exchange: What Works and What Does Not?' (2022) 43 Business Law Review 2
    The rules governing companies listed on the Main Market of the London Stock Exchange (LSE) and its Alternative Investment Market (AIM) fill an important gap in the general law regulat- ing related party transactions (RPT). The regulatory techniques used in these ‘Exchange rules’ are principally disclosure to the market at the time of the transaction and, in a more limited range of cases under the Main Market rules, prior approval of the transaction by a majority of the uninvolved shareholders. This article investigates the outcomes of these rules by analysing the RPT announcements made by companies on these two markets over a twelve-month period beginning in June 2019. These announcements related to nearly 500 RPT. The article concludes that neither mechanism works at an optimum level. The Main Market shareholder approval requirements catch only a small number of companies, predomi- nantly outside the FTSE 350. The disclosure rules omit an important element in the information the market needs, namely the company’s analysis why the transaction is considered fair. In cases where there is an operative shareholder approval require- ment (from whatever source), then the need to obtain share- holder approval is likely to force revelation of the company’s fairness analysis, but this driver does not operate across the majority of RPT. The article makes some suggestions for simple reforms to address these defects.
    ISBN: 0143-6295
  • S Enchelmaier, 'Restrictions on Advertising and the Free Movement of Goods and Services: Opinions of Advocate General Jacobs in Leclerc-Siplec, De Agostini, and Gourmet ' in Graham Butler, Adam Lazowski (ed), Shaping EU Law the British Way: UK Advocates General at the Court of Justice of the European Union (Hart 2022) (forthcoming)
    This chapter analyses the opinions of Advocate General Jacobs in the cases Leclerc-Siplec, de Agostini, and Gourmet, decided by the Court of Justice of the European Union. Issues discussed are the free movement of goods, the concept of 'rules relating to certain selling arrangements' from the CJEU's Keck judgment, the proposal to introduce a de minimis threshold to the assessment under Art. 34 TFEU, as well the commonalities in legal assessment between the free movement of goods, and the freedom to provide services.
  • P Eleftheriadis, 'Rights in the Balance' (2022) Ius Cogens
    Professor Walen’s book rejects the familiar argument of “double effect,” namely the doctrine that an action that knowingly causes the death of another person cannot be justified merely by its good consequences but only by its good intentions. Professor Walen offers a rival argument. He proposes that we rethink the killing of non-combatants in war on the basis of a theory of “the mechanics of claims” so that the intentional killing of civilians may be occasionally permissible. Such targeting of civilians may be justified, according to the book’s argument, by the aim of eliminating the threat that these civilians may pose—innocently or not—to other persons. In these circumstances, it will not only be permissible, but it would also be a matter of right to kill civilians, which would be derived from a balancing of “claims.” The argument is impressively made but is ultimately unconvincing. All the decisive questions appear to be matters of a balance of “goodness.” The “mechanics of claims” organizes a structure of welfare values that ultimately work as a proxy for act-utilitarianism. As a result, the argument is open to well-known objections regarding justice and the separateness of persons.
    ISBN: 2524-3977
  • R Ekins, 'Self-Government and the Kingdom of Heaven' in N Aroney and I Leigh (eds), Christianity and Constitutionalism (Oxford University Press 2022) (forthcoming)
  • R Ekins and G Gee, 'Ten Myths about Parliamentary Sovereignty' in A Horne, L Thompson and B Yong (eds), Parliament and the Law (3rd Ed.) (Hart Publishing 2022) (forthcoming)
  • N. W. Barber, 'The Significance of the Common Understanding in Legal Theory' in D. Kyritsis and S. Lakin (eds), The Methodology of Constitutional Theory (Hart 2022) (forthcoming)
  • N. W. Barber, 'Why Precedent Works' in T. Endicott, H. Krisjannson and S. Lewis (eds), Philosophical Foundations of Precedent (Oxford University Press 2022)
  • J Adams-Prassl and Sanja Bogojević, Great Debates in EU Law (Macmillan 2021)
    This book introduces students to the great debates in EU law. Rather than simply presenting traditional approaches that provide descriptions (often in historical order) of substantive and constitutional elements of Union law, this book clusters material around these debates in an engaging and lively way. By offering concise analyses of core dilemmas and tensions in EU law, the book provides a different kind of introduction, one that helps students place the discussions within a boarder context and narrative. The authors have found in their teaching that students often struggle with individual aspects and materials without understanding broader narratives, which are traditionally developed in monographs or journal articles that are beyond the reach of undergraduate readers.
  • Elizabeth Fisher, 'EU Environmental Law and Legal Imagination ' in Paul Craig and Grainne De Burca (eds), The Evolution of EU Law (OUP 2021)
    ISBN: 9780192846563
  • Joanna Bell and Elizabeth Fisher, 'Exploring a Year of Administrative Law Adjudication in the Administrative Court' [2021] Public Law 505
    This article provides an analysis of 801 decisions handed down by the Administrative Court of England and Wales in a single year, 2017. The purpose of this inductive study of a substantial body of administrative law case law is to start a conversation about "inattentional blindness" in administrative law scholarship and to identify questions to help structure discussion among administrative law scholars about how they study case law and the questions they ask about it. After providing an overview of the survey and the most significant findings from it, we identify three questions for further deliberation among administrative law scholars. First, how should administrative law scholars think about judicial review’s location in a broader legal architecture? Secondly, how can scholars better factor in the role of legislation and policy in legal reasoning into administrative law thinking? Thirdly, how should scholars understand the relationship between common and less common features of case law?
    ISBN: 00333565
  • A Briggs, civil jurisdiction and judgments (7th edition informa law from Routledge 2021)
    Post-Brexit edition of examination of civil jurisdiction and foreign judgments in English law.
    ISBN: 9780367415327
  • Václav Janeček and R Williams, 'Education for the Provision of Technologically Enhanced Legal Services' (2021) Computer Law & Security Review 1
    Legal professionals increasingly rely on digital technologies when they provide legal services. The most advanced technologies such as artificial intelligence (AI) promise great advancements of legal services, but lawyers are traditionally not educated in the field of digital technology and thus cannot fully unlock the potential of such technologies in their practice. In this paper, we identify five distinct skills and knowledge gaps that prevent lawyers from implementing AI and digital technology in the provision of legal services and suggest concrete models for education and training in this area. Our findings and recommendations are based on a series of semi-structured interviews, design and delivery of an experimental course in ‘Law and Computer Science’, and an analysis of the empirical data in view of wider debates in the literature concerning legal education and 21st century skills.
  • S Enchelmaier, '“Free Movement of Goods: Evolution and Intelligent Design In the Foundations Of The European Union”' in P Craig & G de Búrca (ed), The Evolution of EU Law (OUP 2021) (forthcoming)
  • A Briggs, 'A conflict of comity in the enforcement of judgments ' [2021] Lloyd's Maritime and Commercial Law Quarterly 1 [Case Note]
    Analysis of the (non-)enforcement of judgment issues exposed in SAS Institute v World Programming
    ISBN: 0306 2945
  • P P Craig, Administrative Law (9th edn Sweet & Maxwell 2021)